DAL #22-17: Home and Community Based Settings Regulatory Updates

The Department of Health (“Department”) intends to amend Title 18 of the New York Codes, Rules, and Regulations in several sections to encompass HCBS concepts and requirements. Specifically, §485.14 is updated to require that operators provide access to visitors at any time; §§487.5, 488.5, and 490.5 are updated to reference residents’ right to manage financial and personal affairs, confidentiality and privacy expectations, space decoration, and community engagement; §§487.7, 488.7, and 490.7 are updated to reflect current agency naming conventions and form assignment, and to reflect expectations of the case management function under the HCBS Final Rule; §§487.11, 488.11, and 490.11 are updated to reflect the HCBS requirement for a bedroom locking mechanism.

See attached for a copy of the DAL.